Gujarat High Court
Jerupaji @ Jerupbhai Sonaji Patel vs State Of Gujarat on 4 November, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 2192 of 2025
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JEURPAJI @ JERUPBHAI SONAJI PATEL Versus STATE OF GUJARAT ========================================================== Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1 Mr.L.B. DABHI, APP for the RESPONDENT(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 04/11/2025 IA ORDER (PER : HONOURABLE MR.JUSTICE P. M. RAVAL)
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. We have heard learned advocate Mr. Ashish Dagli appearing on behalf of the applicant and learned advocate Mr. L.B. Dabhi for the respondent-State.
3. The applicant has preferred the present application for suspension of sentence and enlarging him on bail, pending the present appeal.
4. The applicant is convicted for the offences punishable under Sections 302, 307, 324, 323, 143, 147 and 148 read with Section 149 of the IPC and sentenced to Page 1 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025 NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined undergo life imprisonment for the offence of murder.
5. Facts and circumstances giving rise to file present application is that the appellant was tried and prosecuted by the learned 6th Additional Sessions Judge at Deodar in Sessions Case No.267 of 2015 for the offences, as referred above. According to the prosecution case, the land in question which was subject matter of the dispute was purchased by one Ganeshaji Ravtaji and then, by way of registered sale deed, the land was sold off to Ganeshaji Vardhaji. The purchaser of the land claimed their right and possession over the land, whereas the opposite party i.e. complainant party also claimed their possession and right of cultivation. In these background facts, on 26.09.2002, the fight between two groups i.e. complainant and accused party had been taken place. It was alleged that the applicant accused and other co-accused formed an unlawful assembly with a common object to kill deceased Chenaji Vihaji and injured to the witnesses, came at the disputed farm, armed with deadly weapons like stick, skyth (dhariya), scissors, and assaulted the deceased Chenaji Vihaji and caused grievous hurt to the witnesses. It was the case that accused Ganeshaji Vardhaji (Al) and Ganeshaji Ravtaji (A4) caused fatal injuries to the deceased Chenaji Vihaji, as a result, he died on 04.10.2002 and also caused injuries to the witnesses and the other co-accused had caused injuries to Page 2 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025 NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined the witnesses. In such circumstances, on the basis of complaint registered with concerned Police Station, the accused in all 17 have been arrested and upon completion of the investigation, the charge-sheet against them came to be filed. It is relevant to note that, there was a cross complaint for the offence of murder, unlawful assembly and causing grievous hurt to the accused party came to be registered against the complainant party as in the said incident, one person from the accused party namely deceased Valabhai Zalabhai Patel had lost his life because he had been killed by the Gagaji Vihaji, Dashrathji Thakore, Raichandji Thakore. In the cross case, the learned Additional Sessions Judge convicted and sentenced the complainant party herein for committing the offence of murder and causing grievous hurt with the aid of Section 149 of the IPC.
6. In such circumstances, as referred here in above, the original accused in Sessions Case No. 266 of 2015 has challenged the conviction by preferring the Criminal Appeal No.2196 of 2025, and has preferred the present application seeking suspension of sentence and enlarging him on bail.
7. Mr. Ashish Dagli, learned advocate for the applicant, while assailing the judgment of conviction and order of sentence, has submitted that the trial Court has Page 3 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025 NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined committed an error of law while convicting the accused with the aid of Section 149, as the presence would not suffice to attract Section 149, unless there was a common object and the accused were actuated by that common object. That in the said incident, the cross complaint came to be filed because one person from each party had been killed. In that view of the matter, the injuries sustained was in the course of free fight and there can be no question of invoking of Section 149 and in such a situation, the accused can be held guilty for the injuries caused to the witnesses in their individual capacity. In such circumstances, it is prayed that the applicant herein have not caused injuries to deceased Chenaji Vihaji and in view of the factum of free fight, the trial Court went wrong in convicting the applicants for the offence of murder with the aid of Section 149. Thus, it is prayed that there are all chances of appeal being allowed and when the applicant was throughout on bail, and chances of early hearing of their appeal is bleak, the case as prayed for may be considered.
8. On the other hand, opposing the application, Mr. Pranav Dhagat, learned APP submitted that the trial Court has not committed any error of law and has rightly appreciated the evidence while recording the conviction and passing the order of sentence. The offence proved against the applicant is serious and grave and the contentions Page 4 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025 NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined above non-applicability of Section 149 cannot be appreciated at this stage and therefore, he would urge that in absence of any exceptional circumstances, the Court may not entertain this application.
9. Issue arises as to whether the applicant has made out a case for suspension of sentence or not?
10. We have carefully examined the case records and considered the submissions made at the bar. We take a notice of the fact that both the parties were prosecuted and tried for the offence of murder and with the aid of Section 149, the Trial Court convicted and sentenced the accused of both the parties. The dispute was with regard to cultivation and possession of farm land. It was a group clash and both the parties were armed with deadly weapons, as a result, the witnesses sustained injuries in the course of said group clash. The Trial Court has not stated anything about which party was aggressor. In such circumstances, we are of the prima facie view that there was a free fight between two parties, as a result, one person from each party have lost their lives and witnesses of both the sides sustained injuries. It is settled position of law that in a free fight, the accused cannot be held vicariously liable under Section 149, merely because they were members of one group and their liability required to be held in an individual capacity.Page 5 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025
NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined In other words, they can liable for the acts, they personally committed and there can be no question invoking Section 149 for the purpose of imposing constructive criminal liability. So far as applicant is concerned, as per the prosecution case, they did not have caused a fatal injuries to the deceased Chenaji Vihaji. In such circumstances, without much discussions on merits of the case, having regard to the position of law, and role attributed to the present applicant in the alleged crime, we are persuaded to exercise our discretion in favour of the applicant convicts for the purpose of suspension of sentence and grant of bail.
11. Under the circumstances, we deem it appropriate that this is a fit case to suspend the sentence imposed on the applicant and to enlarge them on bail pending Criminal Appeal. It is required to be noted that the observations made herein above are tentative in nature and made only for the purpose of deciding the present application for suspension of sentence and shall not be considered as an expression of any final opinion as regards the guilt or innocence of the accused.
12. Accordingly, the present application is allowed. The sentence of the applicant awarded vide judgment and order dated 30.06.2025 by the learned 6 th Additional Sessions Judge, Banaskantha at Deodar in Sessions Case Page 6 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025 NEUTRAL CITATION R/CR.A/2192/2025 IA ORDER DATED: 04/11/2025 undefined No.266 of 2015 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the trial Court subject to the conditions that:
(a) He shall not take undue advantage of the liberty or misuse the liberty;
(b) He shall not leave India without the prior permission of the concerned Sessions Court:
(c) He shall furnish the present address of his residence to the Court concerned at the time of execution of the bond and shall not change the residence without the prior permission of the concerned Sessions Court.
(d) He shall proceed with the Criminal Appeal as and when it may be listed.
13. Rule made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) (P. M. RAVAL, J) MOHD SAIF ULLAH Page 7 of 7 Uploaded by MOHD SAIF ULLAH(HC02372) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 23:21:09 IST 2025